The Sun. — London, England, 1810-04-06 00:00:00

tempt, he was at a IcBs to understand the proposition.. He would refer those .3entlernen back to disfatit pe riods. to see wh ether the House - bad been fond of A.- trn se new privilege; ; they would fiod The fait to be no, so.._ Toe House W:l4 only fond of keeping - up a dr per respe 3 l for its own Independence as ow' of the bratici ,js of tht le,ii,hture,, and to maintain' the right of , calumniators. In the rresent case, the calumny wa=, committed by - a ‘l , erson high on the side - of the people ; but there had been - times when .• men.. the - advo4»ates (of : 2 1-og . ative rtr*O:).. I,v is ileCl s • \ Vliat Nyoulcl•the 7 o"misii rdot z.,c3n;rig steak . ot r aic - presenttno,, fq:l:'l4hed k' the authority: of the 4 Servaets of Wo'ul‘tGvnileMen,- novc; holtiing 0 • • ll4 , 'stnnst, eon VeiB'.'cbtine lia+,e,.be,en the same - he: s , ^,o9ld•'W4vehi:e . ,,, , - -i:s•tinki:= outs fo paniel - ve tlte.,indepiuidetief CD` i or;; ' against the f,olter bi7anche4 ---13I . 41I,egislattAre as against •thc.pop . olat:oprnion. It 'had been said that ' the -crime could .not 13 - e ifaced back , :to arl;y‘' - ery pe'rtod ;,..that assertion . • ht- for, - (Lail printing •bec4ne very corntritin, , certainl's, there were not . mat , y Itberls to , befotind . .; but with regatil to the principle, ,it did not.; &pen! on the printing.. . How could the -I;b 7 -1' 130: .disringiiiShed : but •by trio , woritS7prtitt?4 all he cotiteniledlbe-was,t'that the'House having-that ,prititt-d'..i . aper- before theni,' matritesily a 113,1 7 his the power fi . t ,F authorltr re.pect- -of vniiithing the.atittior. As to the . re , olutit;ni which - the HOti . .clentletnan'(Mr.Leth 7 bridge)'had moved, 'lieignorain of v bv•ittended -by authority of the I-I(use had been questioned and 4gaib;some-. - ... times•necause prejniict;.-iitt; rrotions - -Of pre., .rogntit e rat> but Whether the -Gov — eminent' we rein the - hat;..ls of Tories,. or 'hi the . 'hands of Whigs, still the exercise of the -power - - had never been questioned, even . IN-hen the has been brought .before a Court ot.:LtiW;;the court _his supported the 'authority of the- Hodge 'oh the . same 'principle s, and ~ n the same grounds' as those . on which it now . - stands. It had never - been quei, tioned., When, therefore; 4he 1 . ,:t.1.:1e" , -Lord • refer-: . red .1 - ,r pre,e-denti, to the House - Of Lord:, 'he *was _astonished,_ for-h>l did think_ thst this •Hottse Must by sits own Lives, and not render itself de pendent on the other_ H. ,use. i -It' tlitr`kfiouse ed to ti:e opinion of all. the C , :nstitntiotial *Law`kets,' tf.oy .would.6nd.. them '-agree -, :! on 0-at point that, in all - times thellotts.e-, had - punished , libelleTS.-, wlien in the tree 'exercise of sheir:•Vghts libeller3 had dored- to taiack the,-.':: -He could-l-miirif cut . severaLoastts LOrds: What did th H OUSe khe case of thutbrd-: . AI-asTor-ofton-s' don 7 :-(rais -Crosby) f pt±t is ti a meisenger sent to ~}-,prebend a tit iv;en Wl/y, they - cohinrtt.e_i Lor‘kliiii. co the [ low€rY iln.3ppeal was made after., to tbe,.Coltrt-et Cotn 4 mon Ph a :—a .w it - of Habea?' •s,c'ei:-4. gray, ed, • and two case -was ably -a4'gt,e - d,:. btiti• the deci4:4a.oi the Ltd _Chief _ . 41161:ik . c 1 ; than.. i wi:o.ir.- a, better ~.rti:kge. i a Law'yerti% n . or a. t Jnaty, - .twvltit ex istdd,- or One that was a greater the Con titilcion, - • The holt.: - of . the. Judge,6ticursOd in, ,, oputOh; "that the House: bad, thr -right :0i co , I) iti .a ey -thecofeitO-ie wait 41,4 1- ; <ird: May , :r to :t . he - TO and • di;- ch,yriytrt I t. , vv. a-s rtroeo; that th-'re was no definite erinp- th, rn rAy. , tit • tace-.....-Ot - .the' warrant . ot . corniriitafenr,, h t Lord CALL J krst i ct. • ey 01 7) tht. - Qom- . m • jut.; -s of. tircir o tvh s thre Court, wat not o,ic4titry in any_ other-;--thati,thcrefore; . --they . . C mid not irperfere,,and that the'aciwheation of thrs:i was comet." , 'Yet -the kietr...:Barunet 7h-3,1 arned in his That corn win al. by the How,e raf coritratyto the law tit the land. decision t)efore the Tw\Aire Judges- is.an'other case • in-.t ht' - Ex It_ quer, were ha the:Saiiro.effe6.l. , . Jude,e De Grey , ina said, f‘ that the t-1•0u54:4- t,:o rnon.--hatre the, tight to. commit,• - because it. was ne- cessary they shotdd." -t The moment the 'House comented to pert wztii. that right, that mbrnent titty ruuS! lose their in , lepend-nce, and - must - either be co in the one c.IS4! dependent on -the Crown Or on the People, or rather he would say.the Mob.— The Hon. • 133ronet then rcterrd to Ilk:. case -of Alexander Nlurrity, in .which Justices -Wright. a-,(1 Foster concurred in opinion as to the authority of the- House.; also to t • . case of the.: Kentish Pal lion, which was a litp-I,presented at the ; the Member pr_senting, it, and six others implicated, were. commit ed. That committal . . was under •a' Tory Parliament ; the ens.uing: year succeeded, to them a Whig, Parliament, and .they not only apfied .i upon the same prhiciples, but embf...died ,thetri IWO of . resolutions, I;vhich -recult. , Won.s..ate to: bct foend on rite Journals-, the very lutions N't h i the Hon. 13arr. (Sir F. Burdeti) had-staed-t6 bti-con tra'ry .to the lawol't be land. -In the case of Clay-. more, the s'. - itne principles bad been.hel f. 'Without entering into an examinatons. Of' the authority,. of , my. Lord Holt, on the,sohjeCt, of - p:s . ; :cge being cat tied beyond its due liottnds,...it.„would be only ricces- - vary for him to coittend. that this -Houi;eiirsthe au thority which the . tintworable..atr,net had 'denied. in his letter.. He vA quite sittistied- that to shew, sin aVed: upon for • two . centoTies,'.he stood -upon fortified groundS that they w - ero not blaiming more than . ao'y court of • Juvice olaiknA and hav 'ing so shown,'enough to ipdtiqe - the . House - to support its;owrri - inthority as to the pCiwer of:commitment ;..to et t, cant fary -wdiald , be `Only'; traducing its o dignity, andlow/ring the: cpilse siluence'of - ParnatnerrOU tht'eStimition of ihe pie: With respect- to naturs.; of the oirence;'it .- was not less. a. breabk , of'the ..privileges of 'Parlia,,' meat, .because 'it .•temled - only. to a breach of the - , peace. The text cri.iestion-to - oe considered' was 'as the.publications affected the lion. Bar 'net... With re;, - , - leet to theletter, lieqlid.not find fault - with hin for. discussing the r'ghts arid:privileges,of- the-liduSe —that,. he might do, but:the Hon. Baronet up..the argument as a .hopeless one. -:The manner in watiCh he, ,handled . lt- was bad; in stiort,' - it was orte of the .worst . parophlets he had - seen'for sope The 'o,!;hjecf-had :been - .much contested it former times, in the 'case of Ashby atici White (which -by t ,tne bye had 'nothing to do with- the cas::)' and by. Wilkes:.•q'he fault Vk Ilkh he with the :1 , 10. - .Ba.ronet was this, ',hat tne.parnc.hle.t was r ot, merely -a. bad and dtlll 'Otte, bni • was full 0;" pia giarie • from'be;inning to efklYofdoCifilies'explvd.:4 a century agO, but Which he had now again blou-Itt forward, 'and stated them in a worse slimie. -* With the of the pnnishment would tie extrealely. that view- he slmuld not have been inclined to no-. • as sometimes it would terminate in a f.-w lice the pamphlet, but have left it to die ainong - -a,: , • • a; - 3 , t,, , ,tin1 c sometinrs extt:nl sev , n y • -it rri • variety.of - oa2er;..pacr phlets, con dot taining similtir dosOnitieut.- - By Mrgta.Cliarta it had been e ressly times . and4ltrillay t)ad:auct nlisctuotE.d stzrements.-:(VclhT!`ed, .that Orson shotifids be comm . ' . eel: to. Alt tiough4e4lid noeadmi re -either:the . prodeoce:*: • prisrf - ri:Un.by legal alit ltprity. Let the Ilouo Strew whio tkad :ft to notice, 11iirefore : it he lit an„ 'tha adtlibrify . bC wlitrthey mutt ditkr mischier which it might occit , ; ~elaittAl their right on the present occasion. - ht si&u and he should insult hits ovk n understanding, if the House of Common:, then assuming al- 7' he were not to oeo4re API • such ,a pamphlet, in lis. - :..most-the.-4iliole7f-tunct ion: - of ciprnion, - 7.:Wo'tlid`nO(7be rnschievous.. At the spre, mert, resolved that 'no freeman could be detained in time he Insist observe, that there were many parts of onless al 6 . 0 ,some - r it-wi , ich contained t , ;r't of - II ,bea, - Ccirpn; could not be dei - ded to,any iicaole to tlik . The Hon. Ai l rottet tic i pro- man so derAni....&.'• By what rigt.t, then; did - the• • • ceedecT to corroocnt .tioon. the • paniphlet,. a :Id pirtillo.ises ennui the power of commitment Tl:e colat'.lyto;)ontint! Vitt of it, vt . h refere.)cc , o the au, House of Lords might Inave . ,,,sorne. pret.enhion to it titor:s e . .luirduary ., Judge BiaekstoireHtliat. Judichil Court—the House of 'cornmotis could .q,e case of Cro,iby,- tut Laid , clairn •it only a: a - branch' of the Legislaturo. If ivLiyOr, was of',-pinion, nigi.nbropos tor: the •it Were,,. allowecl..the:nwhy- not allow' it to the toilet; :"that thee ; King's,had the ; ,•por:er other, -bri-mcii of the 'Legislature ?. Why wore Of ''any piolson.froin ,tarty r ,COurt r. of jos- - th , :it privileges to he better defended ' than il),;se tice, but heir i)o , i•ers were li.oited -of ti,e Croon ? He 4illowed that :in. the clic, • metit by. bbth Houses of Rfiliarpent:" NoWhh- of, Crosby and Oliver the Judges had •refused . standing 'IT•Lia opinirTrn, . the liorr. Baronet • wonld.. to take cOgaizance of the question,[he have people imagine,ltiat the I.4arned,Jude.was :law: Parliament wa: unknown except to them opi - pero sc itll hies, viz, that the Douse, had not •the •selveS•e- btit-the sotindnes4 of this doct'ri'ne seemed' 'Wit of tonitnittiog the pamphlet was, theref.re, •. , to hior to beNery Out of, the rnany we 'in , hisopillion, of • no.other interest than ; cases in t•thicli the:H64e:' ,. brie exercised its antlio cnoteropt, and' he could not bring .hituself . .to.thitik rity, therri--Wereonly - twt*cof restSrance, but those othel - Wii,e.. He was 6ne of those, who Could _ni t 0b- two . ;• . :.were 's:tieCessful. -•In 'i 6,0; - the House' cow , ..it ,!." , t to - the righis'and privileges being disco-see, for he - - mitted:a tirau of Cl•e - name' of Colman.' A • Gl - and was - Con - vitwe that the more they were , discussed, - , Jury;., however,• found' that it Was another Mail, of the better theY,Wou:l stand. With • respeast to the -: the name of SloWell; who lind committc4l,Alte . of.: mode of COndua pursued by the Honse impooishintr- fence 'Whir lo • Col ,•yt t i n • was-' for contempt,. Majgr Scott : had been:..i.eprirnaircied t ;:! mee . ied •to attend - - at 'the Bar„ wtiie Otitt - fr had been commited. When the Eon. l• •••resisted, ritcl hot-attend, and' the House . .. Gent. (Mr. Lethbridge) hrought 1 he . subjea forward,- r voted- • him sick, - acid. so 'got 'over ill& mai ter. iCdid'appeiir that he was opt prepared what , course . t The otter instance was tliat - of Mr: Wiikes, whO,' latt Sho - old pursue. He wished the Honr-Geiniernan , having been ordered by the House to 're- . had':biat 'duly weiw - ted Abe consequences.. of such a fused. , The: Honse, to get' of that - difficulty; 'charge-=-that .he had looked to the ulterion.objects ordered him to attend-on a Thursday, and Piorp'cise...:, - -COhne6ted*ith would not have ntea unwise • j =ly adjourned, over toAhe Friday:' in hinrtti have•con.ulted the opinions, of some per• vented to the' cases' of Kentish 'Petition and of: , SonS more conversant ,in the- . forms of Tthe •HoPse, ,Lord Yarborough, in 1677, in . support - of lii4`at 'laetore.he brriiiht forward;. The Hon..: Baronet ' , :gliment. It was • necessafy that' persons atcuat...cf• conelnded with - expressing his opinion;‘. that the of offences. should be 'tried 'lLgal 'and OPeti pamphlet ,was un worthy of .serious notice. tribunal: Possessed 'as the House of Commons `"was' "Lord 'Foi..xsTotcn completely . differed, from the :l of . . it:o power to exclndeosrrangers by the ctitorce-: • Hon . 13aronet,'beth With respect to the.paper.itself, ruent• of their SiandineOrder,' 'if they' alSo as --cend'to the Fight which it owstioned. The, Hun sumed the 'right ,hf tryitig- perions . bef6re-theni, Gintfeman 'who .had originally brought .this subsit - a • / those persons might- 'be - 'tried by a.iecret under the, consideration .of ,Hoose,,had , never ex— and would be tried upon all6.nd:ols; nor - on - Oath, ploitted liis viewSui;on,it. He . had declared that he. and without the 15:nefit of , Ceurita. lie rrU - St&l that so alarmed that his hair stood . an end, but at • •Hotme would .orne' gravely and deliberately hat danger or at .shat „crime, he shad never corn to. the 'decision of this ipiestioC,-- ,, a . question oThiLh. - inpuicated to.the Hotise. 'The - consequence of this had-been 'thought so doilbtful, that by'a great ma- `waht of explicitness on the part of the Hen. Gen- jority the ciorisi'Oeration - of it had b- - en postpoticl . •,tlehl.:11 - W as; that every succeeding spealier expressed' for a week. - It became•tnern'to-be itifTiaence'd by the a I : l 'freiemt,opinion. The Hon,. .Geoileman feelings, .not of advocates, hut of judges.. :Fa ! hitn"•:' prOposed resolution, termed the ,paper in question. a self be certainly didnot - think that ••the, prodoZtiOn 'of aodse4ndalous publication . ; Iluz•Hob . . Ba his Honr.unible - Ttleild Was.. a seandidoys.slid a ront.t who had lasi'spoken ealled it a weak produc- balous paper, that it relleaed fin the'l st` rights `vtion, which, .could.do nta -harm. : The j e t of the .ar- and -.privileges".Of the House of Cotimadis. Con-: gift:Tient of ins Right Hon. Friend (Sir F:'Burdeti) cortTing-. that the House - hid got into a 'dilernina On, 'was- s„vith respect ~ to Ow legality of the 'Warrant. - - the suoje.-.1 - , he would conclude by rnoViog. - the . Or; • Lord Coke had stated that a warrant to be legal must ,der• of-the Day. :have four coriesponding qualities lawful authors - : Sir J. ANISTIIIiTtIgR explained. 'ty; hind and seat, law ul cause,. and 'Lard 131-NxtigG deoied 'that the d'iscrisslori of: the" hadbeen.;•it.! of the word " as t pres•.-nt sutrie.6.l had )t..en I)o:opened - Ito:II any .doubt used b • y,th,e•Hoo.• Bart. The coptet clearly Sliet - w(ql titat exigteduponit,but Merely beeauset Fl ouktm'as t Fiat ie i l;:sistance was I.,ten.ded.:•to-hemeani.Thaq • cpc - cilletely-ticeopied with the Of a;r6- . fl t .w, , ;:d ,kear the ir c terpretation•that the- they most impori a ot - riuesliOn. ffen o ot•cficerve 'Hon. Mover off o Reso;iitio6 ,it it, it by no .it.possible to over,:itate'theittiport,ince6r . tri,..,.liosent rneaiis eLi Lich a ti rrupir , p,.•r. sobjed.• h a.t the paper under discus'siOn been For tins 1•,:, bad •the authority of geat 'ten. at: any titne, ancf by the tnosring:gnifi?nt . 'lLtd %....ti.oham . ,',, , v'ho on bneoccasion, had expressed. victual, it, would have•deniatided theseFionS'atteh h his cope, unless great coosiitutional question were tion of the House but these were not - . Ordinaty ucci eel in -favour of t!:;e people" thardiscur I might' nor was the Hon. Baronet any ordinar per prevail for ever," aoothet: instance, That, ' sonage. If the IlOuse looked back on the conduct of old as he was, he snoold live . to site the issue be- i that Hon. 'Baronet, they 'would tihd, thin is our:. tween the people Goyerninent." N' l V - .nen 'suingyhis Ohied of Parliamentary Stich :in ati this Qxisted, . the House would -! had loSt .- no bpporßinify of blackt , tiing ill c,iar.iC- do Well to pa, , se before they passed 'tuaginent on a ter Qf the , House , ot ComMonS. • Had tie, not told *word on . stlnch ; a strained interpretation .was at 7 . 1 his .constituents last • ye a r at:Westminster' Hall, frm. tea to k'e Hrced. As 16 the expression that the Bill :)I" ft4g)t--, isad been c s enverjed into a Bill of. •Wrongs, any one Whtx : had. read the whole pamphlet must be satisfied that it Would-nOt beat the cOristruc,- tion . pht n it, Mr. ,Yorke might find fault with that expression, but the, FP..t.se had no concetn,with, it. Witli're_spect to Me p - As) , ,,ige so 11111C11 c ::tit lamed Ot, inwitch his Hon: Frieird spoke ut tinel-louse of., Coimnons as ‘‘ tri,:ked :out in 'the trappings of roy:- a;ty,"_ . &c.•fie confessed that i )41 OQtk carly. un derstand it. All the (x.press:ons in that passav'.iiad hoWever been used by his 4 Hon.Vriend - in his speeches. iti tha HouieOtiine occasion alluded to and.at former periods. As . far as he could com, rehendt.the. pas. sage, it appeared _to him to men, that byassuming a p6wer topunish withQut iaw, th House ot moliS did' that whicrt the and tie People could not . do. The first reSiilutiOn charateri-eki his Hon,. Friettd'sliirodudion as s , additions an(i libellous.' To be scandalous, must 'be 'false, v. flier b . ad not beeri. proved; to be libellbui, it must 'have, been written with a ba,i in tehtion, v hioh could not be inferred. Tile second resolution termed it a refle'c- . tion en the j:nst - rightsand pnvilegesof the House of, cor- motes: What was the 'meaning 'of the word privite b eS; It was 'neceF.:.qary that those , privileges should be delinedarni explained. What lie urider 7 stood by pi . ges. of .the HouseOf Commons was •, free:lorn•of speech; - i - ieedom of its. Members from' arre,t, Sec. ..These were wise privilegs, to prevent any - impediment in . carrying on the business .of the It had been 1 . .e1 , 1 recently by the itirgster the Rolfi, at..;! furmetly byLord Chi of Justice „De , Grey; that the - H0,...;e had the'Power of committing any cite not a Member.- . 'lf this were to remove any , obstruction'to prOC . ,:edings, lie was willing to admit it. But there in Ole libel of Air.. Janes to'obstrtic.c,t thti. procce.diugs,of :the House of Cimimons Tho -I; o,:eedings.went op Just is well as= "if thit libel had never 'been Rublistied It ha:l teen.argued that ,all Ctinits had . a light to com(4it for conternr, but in this i•k.;l'.t they ba . d :totnetirnes - been foiled ; bad he particularly instaaced the case of. Mr. Bumgli y, in . the Court of BrAich, as a proof of hi assertion , . His Hun. Friend had been • accused of not havit.g.(,4j4.ted to the cc..Mmitolein of Capt.' Huxley ; but that. was a v LIT tfe- - rent case. The House at that ~erind a C,,urt of Intr.,try,' and had 'a' rj6q - it e The ry cr:LlLDs , ,.;3lice. of the :impri;oolnelit Zaiiy by, 'the HoiLe of . .Cointrions. cca,siirg that tile' 1-louse. 'of Commons .- -Was - the only 'place ' where t!'ie -pz..ople 'were' treated with disrespect The present -question'was:neither . .more nor less than whether .the ,House ;would tarnery. surrender 'their - rights and privilegeg; . of'firmly iinftiricaiwthern. Be his Honi,Relation hid ‘giorte too far in s'ay iu.g-thAt-the' paper of-the , Hon. Barui,et was harm- .1 less; because it, was . written with such IYad taste: Ho a1,10 ., k en it was written. with bad faste"btit'he' icouid not admit that•lt was harmless. Noaseme, , f stilted 'to the' appetites and talents ofithe Persons': to whom it was addresied, might be much more dangerouS than 'gtia.l; sense: •-• The . 1\ Oble Lord had. cant-ended' that a 'strained interpretation • hal 'l.leeh,,' given , to ,the word 'treii4t,": - and that it . . Meant a': humble . Petition to the }louse of Commons: This conBtmeticin he:Noble La] d indceti . mos t forced and strained. What I.4vag it that the*peOple were - called upon to resiso: [The Honourable Gel}- . Al tleman read some of e Must striking passage's in the ‘6 , Argurnenti" which he.had before repeatedly' quoted.)_The Honie wthild see . how such - exin*..- ions were - calCniated to Ofoduce hunible merely: The 'whole paper 'Was couched :in: the most inflammatory 1 ngr'age—language, the soJg nb- .1 jectof Which-Was to throw the House of ('ornmerii' into contempt. The Honourable Baronet contend..., ed, that - the..cnintnitrnent by the' Hot.i.3e l of Com'. mons was illegal. From. !lie, earliest periods . the House of ..Commons 71 acl erijOyed that:. ;fewer. though • they had certainly' used it. With disCretion and benignancy: In the case of Mr. 'Wilikt's the . , House •'I - fad "asserted their power . by ord,..ring, him tO attend, althocghfor • reasons beu known to thernielves they adjourned over 'the' day on ,attendance, was required. . In. the case _Of Wondfalt,' also -accused . of a libel on the Speaker, Woottliall charged the'llev. John Horne. %rip being the author.' 'Woodfall was - cbinmitted to the custody of the Serjeant• at Arms, in which onstadf he remained for 'four days. "Mr. Horne wai sent : for toithe Bar of-the HOU6e. On his ap,,eataneehe inqUired vvbether it was 'a charge Or a deposition, airi , on- being answered that it was'a - charge', he'st'tid 110 wlis•bot guilty, and the Hbusd had no Means of cotnvietiaghini. When it . was propci,ed to refer the su.bjetf to the consideration .ol'. a Court Or-Juslic,. Yin Fcix opposed sorb •reference on the groUrid .thatit Avouid:he's"degradwg.r.) the House of Qom.- . mans to refer the cousideratior; of a flagrant hhci oil their Speaker, 10 an 111611(v 'Cowl, as it won d be soon as the House ceased to sir, %! . iis a scot the IloLse hiad a ii;!.t f.e;na•ye 9bstruttiorls, and taut to . p9rasb, tt:ec :use (:)i) . o',"" W 154„. to the Court:ofKing:ii'Bt lich to. niiikc: 4 reterenc. ‘o the entirtof c'o;intiott Plea, wo an 0pi441 • winch, coming- Crow an individual wh well klicw,l' / on the oue hand, the privileges of Partathent, t..nA 00. the other, the rights of the sobje&, ought to possess great weight. lithe Hon. Biionet had con tented himself with a grave dissertation on the pri vile,;es of the House, he would-have been the Ilst . mat ) to .;have censured him ; but his publ!cx ion ;contained, the grossest abuse, of which the pass9gei, it&which i he spoke 4 the Sioaket's warrant as'" A oeni.A.:LS.F.c,,pt. the assumption of,. th 6 Rouse of the trappings of royalty,"' &c. and of. the conversion - of the Bill of Rights into aB:11 of .-Wytmg,t- w - ere proofs. . • : . Sir SA.AwEr., ,, ,RomiLlii.stated, that after giving' *the subject all the consideration in his: i. it were true - as had: been saki, that he --.was-theon y person who doubled, he •was•ninissliarnekt to. say, 'that, he stiktetained those doubt's of which he. 'bad: befute spoken. was. glai the II ,u• tot 'proceed with that'degree ot heat rainit. , t• a On. the jurdier night of the Oiscus , ,iori, as he w as co:lVi.ieki, - wlia,teve„ , their . final,ideCision,tniglit proe, , : , diti4 ; . -- with such cahnress would ••redound more to tueir :owii credit, .and give greater .satisfaction t o he! country:'''He th-re were wo • ri• estions ' couneaed with :the subject.; trio :first, r or not the paper before them...w . as libellous ?: th•-se- • Icond; whe iter - or not it was a libel on that 11,,use . and a breach of,t-heir privileges ? 'He had do‘rb , on' eaph head. If (as the n,i)..l3dronet ll.r i shit. it should turn out that the COleilM * . itiUeli.t.Ot ;dr. O. Jones was illegtl, or if it shoult appear tna` t had really 'thought ,o, he thought it • toast that the expres ions contained:in the pa;...er wet, in some measure • e . ..scused, • as it,is ‘44'ollld* 'apear' to be th.;lit. FL -w‘,ll,l` , 'as. to 'theleo - 3a of the commitment of Mr. . _ G - Jie - I:7:1es, but as to g it. If it \etre. not ilat he fen diffident_ of his own ji").. - gtnent when it .differed from tilat,„, ..of the whole 116114 e of COnirnoiis,' would not sly - he had doubts ontire , gtiojet:l',- but that - he was de of-opinion the . c.uratuituient:of..lllr. thti :Efonse'would review the .sentt.pce..--they had- *passed on*.L‘lrt-Q. jones.-:. Ihe . warrant,lof „his ,mittal set forth, th 4 t• ad .. wrtien eti on the attaoer . and _:,roue of that House. Nov,. • • • • ••• • .•c ••. .• he could not see an exprc, , ,lon 11l wha• • reaecaliigon the cliaraiTer and Coliduet of that , 141 contite-J1 to cet tdin'indr,7ldual4 s of"thAt Fl . Pns - e. iso Per - 4- "". son' s.v'citild.'4l:.l.iperSe he Ivisjitslif . olig . ,ha - te'Xitidl 7 : h-I .gtivefrOlfence--bi:'•thoglit st vi•frlivrong that the conduct' of •11ierriber,*ots that House shouti ,o 'acl;" 7 cored , in places , Whete•any individual on adinittechotakeparrinAbe Jo C. :It was not right-thug person •snould be t ,u, acc.--ed acid tried;-as it .were, before a Belt-cotistituet„: o det.ntlAtiti .0)14111.. • Such proceedings Were, ho thougitt, v‘fry hensible j- yet, still that which was cotudlain' of. ,did nut 'attack the chara, ter. or co,:lu I of.- oat'. I-louse, eVen While r i( condernoed :he .epf * ()!*.celne.4 -- e f t' of the Standing Order as that was sot. , .r fro the aet of th, House, that no person could be allou•tt4i' to speak - orrit:i - I.lle - tion i t fir ": inasmuch as-they eliatied that Statidingo4:der on tEt3 . : ;! . first clay of eachSeSsion. plaord Stied tut: oties*,, tien fln'clisaisS•on to be, Whitt!) 'was ,the g re. 4 :Jeit outraae 0 , 1-public teeing , Mr. - ir-oxlie's enforce ;,Lot of the StanditiOtthtr,or - Ntr,Witidharn's its on the .I,„ibeety orthe Press ?" •It then..stated,. that oft the preceding Mon lay, the enforeement of.tice Stanch hog. Order had-been pronounced to be -a *au, titm . ,A outrage on the te,..lings of' the Public, tending • to aggravate the'. evils under hey laboured,. , aud,rendering th(ir Representatives obi cis of §uspi... cio.n. He did nor justify'h this, but e cOntenile,:l that . it was not'. au , :attack. on the conduct of the ifousei , ' 146-did not say it was net a libel on the individual, a; ' he certainly thong:lit it - Was-one, imputing; as - it irtrpmptraterttra - to h'ifif fir conduct; but tile House woOld'obserVe-it , .stated- in rant - that he was eOmmitted on that - Account: then adverted to the case of 'Crosby, .contend ng the klouSe.oug,ht 'to t•tate - in what• - aclire.cli hf irivi• • Iges -consisted: He thdught any eritt . .of I: y . • would in • such a case •say ,the °tie' rider- sh•Ouldbc discharged by Habeas Cgrpris. . He ent&riarmed t • great doubt, Whtt heir', the 'll , ,tt,e *had' a rt,i t to mit.a.person' lot: breach of :pi ivileges for ' on the past conduct of Members.. fit! tion the.,,Tigbt of the Hduse to cimnmit in socil ; : cases,-"for contempt---tor obstructing . iti pre- - ceedings-for, re;nsitig obey the orders-cif the House—=for - not - coming - forward - when *called 'r)l3 'tts kvitnesses—,for preventing iNlemberscOmin&r. the Korise---or for' eridtavourin ; ; to in tirted.:t. - bets to Cause them to.vote against theiconsciences.. Thbse-were undoubtedly bytt:actros of their and in sucli - cases it wits indispensably necessary that they should have tile•power of . committing persons', offending. :But in a case like that before them he \S -A* in doubt as to the propriety of their proceedings. "It was against every principle . of••justice . that - the . accusers should-, be judges, and that the person ac .eclsed should not have the-privilee of Makirig*a . It - Was c impessibla that ',I hey, co did ;hear' deAegte of, the party acc•isecl , ,•as it :could not .I?d peaed•rhat those charges could ee . replied:to 'whiCh.: • were ftiade till after he had ittirect. . natl. At:ewers on :his witticirawing,• - ro - ,e'and con-, •fe•rred 'with - each et her' as to'w hat degrce of pints!': irient it would be primer' to inflict'. • Any Court of T..riVit - ctrett:ird - Foiiii - der this as a Violatioh of the most sacred tights, irate es.pecially.in a c :se where : tilt:re etiisted not the passibilfttr .ot ; An. appeal. AIL this t , tiottet 'r, mig,ht be jilcified-:' , il 2 - . Theee s •ry, but tal neeeS,,ity &lira , 6. !; 1 1 •e 4 1so.-Loid Lease :of (;rosay . said the power was le ':1, because it was neLes4try';' and thence-he (Sir S, Rorlitly) inferred' that where it .vt• , s notTec'e i saiy, it was uo longer 1 But it might bel..liaitlit , :ds torte--r that. Hthise s-as- not to be'Controul,d by t'e teennicil of inferior Courts: -He did not twend 'con - tending fur them, but he cont• nd d for those ciples wi,h!lf.,**firmtled on justice; ought to reg.llate the, F-roCeedings of 'all •Itn• an tribunal , With re spe precedents siokett -ot, witere \vex. - to:be fotindi ' , One ernly h :d . oeen 0. , -.ed 0; ..t at pony, anc; ;or! t.iu•,„,e{t; frVtu -; •111-t else occu•r• , d.. Toe 0' , ..;0• to ;rats '•tlittitte 11.111, - 'n't (Au. p ib -' ; n s iuicll that.H')usc and soine .• 1 2, -, ••• :CileCredon ter which' he Su:Dino:led the, x